Courthouse East/Dev Properties PUD & Developer's Agreement'T
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AN ORDINANCE To AMEND SECTION 2' , 2. 1 , OFFICIAL ZONING MAP, CITY of
KALISPELL ZONING ORDINANCE (ORDINANCE No. 1460), BY ZONING CERTAIN'
REALPROPERTY MORE PARTICULARLY DESCRIBED AS LOTS -12, LOCK 203
KALISPELL AI I ITIoN� LOCATED IN SECTION 17, TOWNSHIP2 NORTH, AGE21.
WEST ' .M.M. FLATHEAD COUNTYMON ANA(PREVIOUSLY ZONED CITY R.-3,
SINGLE FAMILY RESIT EN tAO CITE' R- RES I EN IALTROF ESSIONA
OFFICE), WITH A PLANNED UNIT V OPMEN ~" OVERLAY IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS DEV Properties,the owner of the property described above, petitioned the City of
} Kafis c .l that the zoning classification attached to the above described tract of land
be zoned R.- , Residential/Professional office with a Planned Unit Development
} overlay on approximately 2 acres of
land, and
WHEREAS, the property is located at 723 Fifth Avenue East and is known as Courthouse East,
and
WHEREAS, the petition of DEV Properties was the subject of a report compiled by the T.ri-City
Planning office, Staff Report KZC-05-3 KPU -o5-3, in ich the Tri -City
Planning office evaluated the petition and recommended that the property as
described above be zoned R- , Residential/Professional Office, with a Planned Unit
Development overlay, and
WHEREAS,
WHEREAS,
the Kalispell City Planning Board held a Public Hearing on the matter on April 19,
2005, and due to a vote of tree in favor and three opposed, was unable to
recommend that the zoning classification be changed to C .ty R- , Residential/
Professional office with a Planned Unit Development overlay, and
after considering all the evidence submitted on the proposal to zone the property as
described R-5, Residential/Professional office with a Planned Unit Development
overlay, the City Council finds such zoning to be consistent with the Kalispell
Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-
089 M.C,A.., and State .etc, v. Board of Count Commissioners .etc. o P2d 602,
the findings of fact of TCPO as set forth in Staff Report No. IZC- -KP1 - -
3, as amended by the Kalispell City Planning Board.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF
KA I.S PE L, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R- , R sIdc.ntlal/Professional Office with a
Planned Unit Development overlay on apprommately 2 acres.
2006192 wlio
SECTION 11. The Planned Unit Development proposed by DEV Properties upon the real
property described above is hereby approved, subject to the following
conditions.
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan and conditions for the PUD as approved by the city council.
2. The proposed development areas within the site shall be substantially the sane as indicated on
the preliminary site plan submitted with the application or as modified by these conditions.
3. That the plans and specifications for water, serer, drainage and grading shall be desiorned and
installed in accordance with the Kalispell .design and Construction Standards and shall be
subject to review and approval by the Kalispell Public Works Department.
. The fire access and suppression system shall be reviewed and approved by the Kalispell Fire
Department for compliance wi
nth the International Fire Code.
. A plan shall be developed and in place that addresses the grading, reve etation, irrigation and
maintenance of the undeveloped areas that creates a weed free, dust -free area -until such time
as that phase .s fully developed.
6. A redesign of the parking lot be provided that includes a five foot perimeter landscape buffer,
i dimensionally y accurate and incorporates some landscaping within the parking lot design.
. The number of dwellings shall be reduced by two to a maximum of 28 dwelling -units 1n order
to comply with the limits of the R- 5 zoning being requested.
8. The boulevard areas shall be landscaped in accordance with a plan that has been reviewed and
approved by the Kalispell Parrs and Recreation Department.
. The overall landscape plan shall be coordinated with the Kalispell Parks and Recreation
Director regarding the exact size e and location of the plantings and species lists.
1.0. That sidewalks be provided as indicated on the site plan that provide a continuous and
connected system along the streets and avenues abutting; this site.
11. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level
of lighting not exceeding what is appropriate for its purpose.
1.2. That a comprehensive sign plan be submitted which indicates an integrated design of lettering
and materials. All signs shall comply with the Kalispell Zoning ordinance.
13. The use of the artist studios are recognized as live work units and it is anticipated that some
limited retail sales would be allowed on the premises. However, .no sales of items which are
not produced on -site would be allowed from the artists studios or other .items that would be of
a general retail nature.
1.. That the refuse areas be adequately screened from public view.
0:11
20. 92
15). The phasing and timing of the developmerat s . a I occur as proposed w'th Phase 1 of the project
including the completion of the exterior of the building, landscaping, sidewalks and boulevard
treatment. Bonding or insurance for the full cost of the proposed infrastructure and
improvements to ensure the improvements will be completed as proposed, shall be provided
by the developer.
1. . The project shall be substantially completed by July 1, Zoo , or the developers rust show that
a continuous good faith effort has been made to bring the project to completion n by that date, or
the zoning shall revert back to the previous R-3, Urban Single .Family Residential.
'1 . The developer and City of Kalispell shall execute a development agreement based on teams
and conditions included in the planned unit development.
t.
SECTION 111. The balance of Section 27.02.01.0, official Zoning Map, City of Kalispell
Zoning ordinance not amended hereby shall remain In full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE
CITY of KALISPELL, MON ANA. THIS 20TH DAY of ,DUNE, 2005.
ATTEST:
Theresa White
City Clerk
2006132 boo
PLANNED UNIT DEVELOPMENT AGREEMENT
DEV PROPERTIES AT COURTHOUSE EAST
THIS AGREEMENT, made as of the -- .y of May, 2006, by DEV Properties, L C,
Montana limited liability company, of 66 5 Sullivan. Crossroad, Col mla Falls, MT 5 99 01,
hereinafter DEV PROPERTIES, and the City of Kalispell, a municipal corporation, of 3121 s
Avenue East, Kalispell, Montana 5 9901, hereinafter CITY;
WITNESSETH
WHEREAS, DEV PROPERTIES is the fee owner of the real property located at 72. Fifth
Avenue East, Kalispell, Montana and known as Courthouse East, and more
particularly described as:
Lots - 12, Block 203 Kalispell ,addition, located in Section 17, °ow e 28
North, Range 21 West, P.M.M., Flathead CountY, Montana
and hereinafter referred to as "Subject Property"; and.
WHEREAS., DEV PROPERTIES desires to have a Planned Unit Development overlay(PUD)
upon the subject property currently zoned as .-5 Residential/Professional Office
that would allow some flexibility in mixed uses, setbacks s and lot coverage; and
'WHEREAS, in order to allow the PU , assure the installation of in rastr et .re improvements
within the"'Subject Property'', and prescribe the permitted uses therein, the parties
hereto determine it to be in their interests to eater into this Development
Agreement.
I. GENERAL INTRODUCTION
1.01 General
The use and development of the Subject Property shall substantially conform to and comply with
the provisions of the PIPUD Applicatlon filed by applicant and the conditions contained within
Kalispell City Ordinance No. 5038 establishing the -5 Zoning designation and overlay Planned
Unit Development and is hereby incorporated fal y herein by this reference.
PLANNED UNIT DEVELOPER'S AGREEMENT/DEV PROPERTIES — COURTHOUSE EAST
Page I of
§ 1.02 Relationship to Zoning Ordinance 2 0 0 G 192 b��
Except as spcclficaliy modified or superseded by this Development Agreement, the laws, roles
and regulations of the City of Kalispell goveming the use and development of land and
buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property.
1.03 Drawings
The drawings comprising the Preliminary Plat and referenced by this Planned Unit Development
Agreement are an integral and essential component thereof, and they are incorporated by
reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Unit Development Agreement shall become effective
immediately and shall terminate upon the issuance of the final certificate of occupancy for the
Subject Property. This Development Agreement may be modified or amended only as set forth
in Article IV hereof.
§ 1.05 Certification Procedure
Wherever in this Planned Unit Development Agreement a certificate by the Director of Public
Works is required to be giver, such certificate shall be giver within thirty 3 days of the receipt
of a completed application. Such an application shall be deemed to be complete upon receipt of
such drawings and narrative information as are reasonably necessary for the issuance of such
crtifcatio..
* PARCEL DESCRIPTION
The Subject Property, described in the recitals above, shall be developed with the infrastructure
improvements as descr*bed below.
No building permit shall be issued for any of the parcels unless and until all public improvements
specified in this Agreement as well as those infrastructure improvements which may be required
by the City of Kalispell" s Standards for Design and Construction are either constructed or
security provided guaranteeing construction of said improvements for that particular parcel upon
which a building permit is requested.
II1* SITE IMPROVEMENT REQUIREMENTS
A. The development of the site shall be it substantial compliance with the application
submitted, the site plan., materials and other specifications as well as any additional
conditions associated with the PUD as approved by the city council.
B. The plans and specifications for water, sewer, drainage and grading shallbe designed and
installed it accordance with the Kalispell Design and Construction Standards and shall be
subject to review and approval by the Kalispell Public Works Department.
PLANNED UNIT DEVELOPER'S AGREEMEN DEv PROPERTIES — COURTHOUSE EAST
Page 2 of 6
2006192 UgqSV
C. The fire access and suppression system shall be reviewed and approved by the Kalispell
Fire Department for compliance with the f tema.tio al Fire Code.
D. A plan shall be developed and in place that addresses the grading, reve etatio ., irrigation
and maintenance of the undeveloped areas that creates a weed free, dust -free area until such
time as that phase is fally developed.
E. The redesign of the parking lot as approved. by Kalispell Planning Department that includes
a five foot perimeter landscape buffer, is dimensionally accurate and incorporates some
landscaping within the parking lot design shall be followed.
F. The number of dwellings shall not exceed 28 dwelling units in order to comply with the
limits of the R-5 zoning being requested..
G. The boulevard areas shall be landscaped in accordance with a plan that has been reviewed
and. approved by the Kalispell Parts and Recreation Department.
H. The overall landscape plan shall be coordinated with the Kalispell Parks and Recreation
.director regarding the exact size and location of the plantings and species lists.
f. That sidewalks shall be provided as indicated on the site plan that provide a continuous and
connected system alo.g the streets and avenues abtti.g this site.
I A lighting plan shall be submitted which utilizes attractive lighting fixtures and a type and
level of lighting consistent with. City of Kalispell Lighting Standards.
K. A comprehensive sign plan shall be submitted which indicates an integrated design o
lettering and materials. All signs shall comply with the Kalispell Zoning Ordinance.
L. The use of the artist studios are recognized as live/work unitslive/wort and so -me limited retail sales
will be allowed on the premises. However, no sales of items which. are not produced on -
site will be allowed from the artists" studios or any other items that would be of a general
retail nature.
III. The refuse areas shall be adequately screened from public view.
N. The phasing and timing of the development shall occur as proposed with Phase f of the
project including the completion of the exterior of the building, landscaping, sidewalks and
boulevard treatment. t. Bonding or insurance for the full cost of the proposed public
infrastructure and improvements to ensure the improvements will be completed as
proposed, stall he provided by the developer.
. The project shall be substantially completed by July 1, 2008, or the developer rust show
that a continuous good faith effort has been made to bring the project to completion by that
date, or the zoning; shall revert to the previous R- , Urban Slagle Family Residential.
P. That preliminary plat approval for the first phase of the planned unit development shall be
valid for a period of three years from the date of approval.
PLANNED UNIT DEVELOPER'S , G .E M NT/DEv PROPERTIES — COURTHOUSE EAST
Page 3 of 6
2006192 DSVO�V
Iv. AMENDMENT OR MODIFICATIONS of
DEVELOPMENTAGREEMENT
4.01 This Development Agreement may be amended or modified only, by application of the
owner, in accordance with the procedures set forth herein.
.02 Application for amendment or modification may be made, to the City of Kalispell Site
Review Committee, by any fee owner of a parcel in respect to the Subject Property.
4.03 Mod1fications of this Development Agreement which are determined by the Site Review
Committee to be minor modifications shall require only the consent of the Site Review
Committee, and shall not require the consent or approval of the City Council or any other public
agency. All amendments and modifications to this Development Agreement other than minor
modifications shall require the approval of the City Co n l.I of the City of Kalispell.
4.04 All applications for modification or amendment of this Development Agreement shall be
filed with the Site Review Committee and the Site Review Committee shall promptly deter -nine
whether the modification is minor or major.
4.05 The Site Review Committee shall make its determination with respect to any application
for a mmor modification subject to this Section v.1t .in fifteen days after it determines the
application to be subject to said minor modification.
4.06 If the amendment r modification requested is of such a nature as to require approval of
the City Council, the Site Review Committee shall refer the matter to the City Council within
fifteen days after it determines the matter requires Counell review.
4.07 The owner may appeal any decision of the Site Review Committee to the City Council,
who may affirm, reverse or modify the Site Review Committee decision.
V, CONSTRUCTION PERMITTING
f. No building permit -in respect to the building in any structure shall be issued by the Building
Department until the Director of Public Works has certified to the Building Department that
the public infrastructure improvements e.nts as required herein substantially conform to the Site
Condition requirements contained in this Agreement and that said improvements have been
constructed or security guaranteeing the construction has been received by the City.
11. For purposes of this Section, the "Security" required shall e in an amount equal to 25 of
the developer"s Licensed. Engineer's estimate of the cost of constructing said improvements.
PLANNED UNIT DEVELOPER'S AG . M NTDEV PROPERTIES — COURTHOUSE E.AST
Page 4 of 6
200GI92 b<�q<�-O
V1, MISCELLANEOUS
§ 6.01 Effective Date
This Agreement en shall be effective immediately and shall remain in full force and effect
until the final certificate of occupancy is issued or July 1, 2008, whichever occurs first,
§ 6.02 Severability
In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or
determined to be invalid or unlawful by a court of competent jurisdiction, such provision
shall be severable and the remainder of this Agreement shall continue to be of full force
and effect.
6.03 Recordation
This Agreement shall be recorded.
6.04 Entire Agreement -- Primacy
This Agreement constitutes the entire agreement between the parties and may only be
amended by a written document executed by the parties.
§ 6.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
Dated this 1176 day of May, 2006.
v PROPERTIES, LLC
James H. Patrick, City Manager
PLANNED UNIT DEVELOPER'S AGREM T '/DV PROPERTIES — COURTHOUSE EAST
Page 5 of 6
STATE OF lYI4NTANA )
)..Ss 200(;1=32 N-q'�c
County of Flathead )
VJO
On this day of May, 2006, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Vince Padilla in his capacity as Managing Member of DEV
Properties LLC., a Montana llr, .1te . liability company, that executed the foregoing instrument,
and acknowledged to me that he executed the sam.e.
IT WITNESS WHEREOF,., I have hereunto set my hand and affixed my Notarial Seal the
.ay and year in this certificate first above written.
STATE OF MONTH )
)-ss
County of Flathead )
On this ay of May, 2006, before me, a Notary Public in and for the State o
Montana, personally appeared JAMES H. PATRICK, known to me to be the City Manager of the
City of Kalispell. a municipality, ality, that executed the within instrument, and acknowledged that
such City Manager er u s ri e , sealed and .elivere . said instrument as the free and voluntary act
of said. municipality, for the uses and purposes therein set forth., and that he was duly authorized
to execute the same on behalf of said municipality.
IN WITNESS 'WHER o , I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Notary l.1e State o Montana.
p� Residing at
My Commission ExpiresIF
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PLANNED SIT t V o "S AGREEMENT/DEVPROPERTIES - COURTHOUSE A T
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